New Mexico - Breakfast at school: Policy requirement

Area: 
Policy Or Plan Requirements
Policy Type: 
statute; regulation
Summary: 

State law recommends strategies to ensure students eat breakfast in the morning or maintains a program that only applies to certain schools (ex. schools with 70% FRPL students).

New Mexico Statutes. 22-13-13.2. Breakfast program required; waiver; distribution of funds.

A. School districts and charter schools shall establish a "breakfast after the bell program" to provide free breakfast, after the instructional day has begun, to all students attending a public school in which eighty-five percent or more of the enrolled students were eligible for free or reduced-price lunch under the National School Lunch Act during the prior school year.

B. A school district or charter school that includes a public school in which fewer than eighty-five percent of the enrolled students were eligible for free or reduced-price lunch during the prior school year under the National School Lunch Act may establish a breakfast after the bell program to provide free breakfast, after the instructional day has begun, to all students attending that public school; provided that the program complies with all applicable department rules relating to the breakfast after the bell program authorized by this section.

C. Nothing in this section shall be interpreted to prohibit a school that establishes a breakfast after the bell program under the provisions of Subsection A or B of this section from beginning breakfast service before the start of the instructional day; provided that the school also serves breakfast after the beginning of the instructional day in the location of its choice, including the cafeteria, classroom, on the bus, or by providing a hand-carried breakfast.


New Mexico Administrative Code 6.12.9.6 OBJECTIVE:

This rule establishes requirements for districts and charter schools to establish a school breakfast program providing free breakfast after the instructional day has begun, in all districts in which eighty-five percent or more of the enrolled students at the elementary school were eligible for free or reduced lunch during the prior school year.
Source: New Mexico Commission of Public Records


New Mexico Administrative Code 6.12.9.7 DEFINITIONS:

A. "Breakfast after the bell program" means an elementary school breakfast program in which food shall be served or consumed, at no charge, after the instructional day has begun, provided that instruction occurs simultaneously, to all students attending that elementary school through a school breakfast program that meets the federal school breakfast program standards as authorized by Section 4 of the Child Nutrition Act of 1966 and operated in accordance with all applicable policies, guidance, and law, including the requirements listed in 7 CFR Part 220.
Source: New Mexico Commission of Public Records


New Mexico Administrative Code 6.12.9.8 REQUIREMENTS:

B. An elementary school in which eighty-five percent or more of the enrolled students at the school are eligible for free or reduced-price lunch under the National School Lunch Act of 1946 during the prior school year shall establish a breakfast after the bell program unless the school is granted a waiver by the department as per 6.12.9 NMAC.

C. An elementary school in which fewer than eighty-five percent or more of the enrolled students at the school are eligible for free or reduced-price lunch under the National School Lunch Act of 1946 during the prior school year and accepts state funding for the breakfast after the bell program shall establish a breakfast after the bell program.
Source: New Mexico Commission of Public Records


New Mexico Administrative Code 6.12.9.9 BREAKFAST AFTER THE BELL PROGRAM WAIVER:

A. A school district or charter school may apply to the department for a waiver of the breakfast after the bell program requirements if the school district or charter school can demonstrate that the providing program will result in financial hardship for the school district or charter school.
Source: New Mexico Commission of Public Records

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